GTC
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (ahg Anschütz Handels GmbH) via the website shop.ahg-anschuetz.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we already submit a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After accessing the “checkout” page and entering personal data as well as payment and shipping conditions, all order details are displayed again on the order overview page.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as the payment method, you will either be redirected to the order overview page in our online shop or first redirected to the website of the provider of the instant payment system.
If redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the option to review all details again, change them (also via the “back” function of the internet browser), or cancel the purchase.
By submitting the order via the button “order with obligation to pay,” you declare legally binding acceptance of the offer, thereby concluding the contract.
(4) Your requests for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must therefore ensure that the email address you have provided is correct, that the receipt of emails is technically ensured, and in particular not prevented by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) SEPA Direct Debit (core and/or business direct debit)
When paying by SEPA core direct debit or SEPA business direct debit, you authorize us by granting a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit will be collected within 1–15 days after conclusion of the contract.
The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a returned direct debit due to your fault, you must bear the incurred bank fees.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to bring proceedings before another legally competent court remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Identity of the Seller
ahg Anschütz Handels GmbH
Raiffeisenstraße 26
89079 Ulm
Germany
Phone: 073142031
Email: info(at)ahg-anschuetz.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion itself, and the correction options are governed by the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form (e.g., by email), which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG and the Ecommerce Europe Trustmark Code of Conduct, available at:
https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf
and
https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by financial institutions), which must be borne by you. Costs incurred for money transfers must also be borne by you in cases where delivery is made to an EU Member State but payment was initiated outside the European Union.
6.4. The payment methods available to you are indicated under a corresponding button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8. Statutory Liability for Defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by lawyers of Händlerbund specializing in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
Last updated: 07.12.2017